TL;DR EIR mod can get in trouble for using MoW models for the simple reason that they are bigger.
Perhaps if he was in America.......
The problem is, I don't think there has been a precedent set for "proven" Copy Right infringement by someone in a country where the laws are different. I could be wrong on that.
You would also have to define "Get in trouble". As this is a free mod, the courts would have trouble defining loss of revenue or royalties.
Our mod requires the user to purchase CoH to play it, so you may have troubles proving MOW lost revenues. However, it could be argued that the consumer was influenced by our Mod advertising, if it included images of the MOW models, to purchase CoH instead of MOW.
Using American law of "Innocent until proven guilty" it would be up to MOW to prove that the consumer would have purchased MOW if it had not been for the great advertising of Eirr persuading the consumer to purchase CoH....... ummmm, good luck with that.
Using my own business experience, here is what typically happens with copy right infringement.
1.) My lawyer sends a cease and desist letter to the alleged offender.
2.) an assessment is made by my company of the potential revenues lost by the use of my product.
3.) An invoice for that amount is sent to the alleged offenders.
4.) If they pay it, all is good. If they do not, then....
1.) Because copy right law is very, very fucking expensive, I have to decide if it is worth pursuing.
2.) If it is a direct competitor deliberately stealing my work, then I go after them with everything I got.
3.) If it is just a individual home owner that saw my design on the internet, loved it and had it copied, then I just charge them for the cost of the design.
In one case, we discovered the use of a design, before the home was built. In that case they abide by the cease and desist letter and that was the end of it.
So here's where I am going with this.
MOW is not going to spend thousands of dollars on lawyers to bust some dude on the internet for using a couple of their models in a free to play mod. What they may do is, send a nasty letter to Eirrmod requesting a cease and desist. To which Eirrmod will abide by because it is just not worth getting into a shit storm over.
That will be the end of it.